Roberta J. Emmons v. Hartford Underwriters

VEASEY, Chief Justice: In this appeal, we consider whether a wife is legally entitled to recover uninsured motorist (""UM"") benefits for the wrongful death of her husband up to the ""per accident"" limit of their joint automobile insurance policy, when the decedent's estate has already recovered through the operation of Delaware's survival statute the maximum amount of damages available under the ""per person"" limits of the policy. We hold that, under the language of the policy, the wife is an insured who is legally entitled to recover UM benefits. We further hold that, because the policy does not provide that all claims arising out of the ""bodily injury"" of an insured by an uninsured motorist are limited by the ""per person"" limit of the policy, the wife may recover damages up to the policy's ""per accident"" limit. Accordingly, we reverse and remand this case to the Superior Court to enter judgment for the wife in accordance with this opinion.